The attorneys at Byron Carlson Petri & Kalb, LLC represent owners, contractors and subcontractors in a wide range of construction law issues. One of the most common issues in any construction project involves payment, and as a result, liens. Both Illinois and Missouri have mechanic's lien statutes, 770 ILCS 60/1 et seq. and R.S.Mo. 429.010 et seq., respectively.
In Illinois and Missouri, the mechanic's lien and bond claims statutes are extremely complex. Our attorneys will assist you in navigating these complexities to ensure that your rights are protected and enforceable.
Our mechanic's lien and bond claims attorneys can assist you with:
- advise about rights and remedies under Illinois and Missouri law
- prepare liens and bond claims
- evaluate and defend against liens and bond claims filed by others
- collect monies owed
- negotiate with owners, sureties, subcontractors, and suppliers
- resolve disputes through negotiation, mediation, arbitration, or litigation
Lien perfection and enforcement
The Illinois and Missouri mechanic's lien statutes contain the requirements for establishing a mechanic's lien. Among those requirements is written notice. This notice must be sent within certain time limits, to specified parties, and must contain information identified in the statutes. Failure to comply with these notice requirements can result in the loss of lien rights. Our attorneys can assist you with the transactional aspects of lien or bond claims enforcement, including the preparation and filing of notices and lien affidavits, ensuring that the timeline is properly followed.
Sometimes invalid liens are filed, disrupting the timely flow of payments from owner to contractor and from contractor to subcontractor. If someone has filed a lien against your property or is claiming a lien as a result of having worked as your subcontractor or supplier, our attorneys can help you by evaluating the validity of the lien and taking the steps necessary for its removal.
When filing a mechanic's lien is not an available remedy for nonpayment, filing a bond claim may be. As with mechanic's liens, we understand the statutory requirements for perfecting bond claims and can use our experience to enforce a claimant's rights or defend against an invalid claim.
Single-Family, Owner-Occupied Residences
Often sophisticated owners and contractors realize that a construction project may have payment issues that could result in a mechanic's lien. However, many homeowners are unaware of such consequences. To protect homeowners, most states require contractors and subcontractors to give special notice to homeowners. The homeowner, contractor and subcontractor should be aware of these requirements prior to executing a contract for a single-family, owner-occupied residence. The attorneys at Byron Carlson Petri & Kalb, LLC have the expertise to assist contractors and subcontractors in drafting the necessary contract language, and advising homeowners of their rights.
Keeping Up with the Law
Both the Missouri and Illinois mechanic's lien statutes have been in existence for over one hundred years with little change. However, the appellate courts continually issue opinions interpreting the statutes. Our lawyers track the opinions of the Missouri and Illinois appellate courts so that they can stay on top of the latest interpretations of the mechanic's lien statutes.
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For more information or to speak with an experienced, Illinois or Missouri, mechanic's lien and payment bond claims lawyer, contact Byron Carlson Petri & Kalb, LLC St. Louis office now. You may also call our Edwardsville, Illinois, law office at 618-307-4054.